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Hatten v. State

District Court of Appeal of Florida, Second District
May 5, 1989
542 So. 2d 1061 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-02319.

May 5, 1989.

Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


Appellant Jimmie Hatten was convicted of both sale and possession of cocaine as the result of a single drug transaction involving a single, undivided quantity of cocaine. Accordingly, the judgment and sentence for possession of cocaine should be set aside. Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988); Blanca v. State, 532 So.2d 1327 (Fla. 3d DCA 1988). The judgment and sentence for sale of cocaine are affirmed.

Affirmed in part, reversed in part, and remanded with instructions.

RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.


Summaries of

Hatten v. State

District Court of Appeal of Florida, Second District
May 5, 1989
542 So. 2d 1061 (Fla. Dist. Ct. App. 1989)
Case details for

Hatten v. State

Case Details

Full title:JIMMIE DURAN HATTEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 5, 1989

Citations

542 So. 2d 1061 (Fla. Dist. Ct. App. 1989)

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